Terms of Service

General terms and conditions for an online shop

§ 1 General
(1) These general terms and conditions are valid for all contracts, deliveries and other services of ambiorun UG, Lauterenstr. 37, 55116 Mainz, Germany (hereafter called „seller“) in relation to the online shop www.ambiorun.com and all sub-domains belonging to this domain. Agreements deviating from these terms and conditions are not valid, except the seller has confirmed them in writing. Individual agreements between the seller and its customers generally have priority.
(2) All business relations between the seller and its customers are subject to the legislation of the Federal Republic of Germany. For consumers these terms and conditions apply only insofar as they are not repealed by the legal protection provided to the customer in his country of permanent residence. The application of UN purchasing law is excluded.
(3) The contract language is German.
(4) The court of jurisdiction is Mainz, Germany, if the customer is a merchant, a legal entity under public law or a public special asset. The same applies if the customer does not have any court of jurisdiction in Germany or his general place of residence is not known at the time legal proceedings are started.

§ 2 Contract content and conclusion of contract
(1) The seller offers his customers new goods, primarily a running sensor via its online shop at www.ambiorun.com.
(2) During the sales process via the online shop a sales contract is concluded by the seller at the point of accepting the order of the customer. The statement of prices does not constitute an offer in the legal sense. Receipt and acceptance of the order will be confirmed to the customer via email.
(3) The text of the contract cannot be viewed anymore once the order is placed. For this reason we ask you to store the text of the contract.

§ 3 Prices, delivery costs, value added tax and payment
(1) If an order is placed via the online shop the prices stated there are considered valid. All EU prices include the value added tax (VAT).
(2) In the EU and the US the prices are stated inclusive delivery costs. In the case of orders placed outside the online shop (see §2, paragraph 3) exclusively the prices stated in the offer of the seller inclusive delivery costs are valid. For deliveries into countries outside the EU and the US, delivery costs are charged separately. The related extra costs are 25 USD.
(3) Depending on the customer's choice, delivery to the customer is activated upon payment via one of the following payment methods: via Paypal.
(4) If a customer is in default with its payment obligations, the seller may claim damages in accordance with statutory provisions and/or withdraw from the sale.
(5) The seller will always provide the customer with an invoice. It will be handed to him at delivery of the goods or will be transferred to him in text form.

§ 4 Delivery and transfer of risk
(1) The ordered goods are sent to the address stated by the customer. Before ambiorun is starting the shippment, an email will be sent again asking the customer's correct delivery address. Delivery is made from the warehouse of the seller.
(2) Availability of the goods is approximately around april indicated next to the description of the respective product. All goods available from stock will be sent within 5-7 work days after initiation of payment, unless there is no deviating arrangement expressly agreed upon (in the case of advance payment 5-7 days after receipt of payment).
(3) If in case of a sales via the online shop the goods are not indicated as available from stock, the seller is committed to deliver them as fast as possible. All statements of the seller regarding delivery times are not binding, unless a specific delivery date was expressly promised by the seller.
(4) The seller reserves the right to free himself from the obligation to fulfill the contract, if the goods are to be delivered by a supplier to the date of delivery and the delivery does not occur in whole or in part. This self-supply reservation applies only if the seller is not responsible for the lack of delivery. The seller is not responsible for the lack of performance, if he completed on time with the supplier a so-called congruent to fulfill the contractual obligations. If the goods are not delivered, the seller will immediately inform the customer of this fact and reimburse an already paid purchase price as well as related shipping costs. The risk of accidental loss and accidental deterioration passes over to the customer at the time the goods are handed over to him. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods and the risk of delay is already transferred at the time of the dispatch of purchase with delivery of the goods to the shipper, the carrier or any other person entrusted with executing the dispatch.

§ 5 Retention of title
The delivered goods remain the property of the seller until all claims arising from the contract are fulfilled. In the event that the customer is a legal entity of public law, a public special estate or an entrepreneur in exercise of his commercial or independent professional activity, they remain in the property of the seller even beyond the current business relationship until settlement of all claims which the seller is entitled to in connection with the contract.

§ 6 Liability for material and legal defects
(1) In case of defects, the customer is entitled to statutory warranty rights in accordance with the following provisions. In case only merchants are involved in the contract, §§ 377 ff. HGB will apply additionally.
(2) Damages caused by improper actions by the customer during installation, connection, operation or storage of the goods, do not justify any warranty claim against the seller. For information regarding proper treatment, the customer can refer to the manufacturer's descriptions.
(3) Defects must be reported by the customer to the seller within a warranty period of two years with new goods or of one year in the case of used goods. For entrepreneurs, the warranty period for new goods is one year. For used goods, any warranties to entrepreneurs are excluded. The above limitations do not apply if the seller has fraudulently concealed a damage or has provided a specific guarantee for the quality of the goods. They also do not apply to claims referring to damages where the customer seeks compensation for a body or health damage or those that refer to intentional or grossly negligent fault of the seller or his agents.
(4) In the case of deficiencies that were claimed in time, the seller is entitled to supplementary performance. If such remedy fails, the customer is entitled to reduce the purchase price or rescind the contract. Otherwise, respective statutory provisions apply.

§ 7 Information requirements for transport damage
If goods are delivered with obvious damages to the packaging or the contents thereof, the customer is obligated to immediately lodge a complaint without prejudice to its warranty laws (§ 7) to the carrier or freight service and contact the seller immediately by email or otherwise (fax or mail) to enable the seller to preserve any rights against the shipper or carrier.

§ 8 Legal disclaimer
(1) Besides its liability for material and legal defects the seller has unlimited liability if the damage was caused by intent or gross negligence. He is also liable for slight negligent breaches of essential duties (duties, which endangers the purpose of the contract) and for the violation of cardinal obligations (obligations that are essential to enable the proper execution of the contract and in which the customer trusts regularly) but only for foreseeable, typical damages. The seller is not liable for the slightly negligent violation of other than the above obligations.
(2) The limitations of liability of the preceding paragraph shall not apply in the case of injury to life, limb or health, for a defect after assumption of a guarantee for the quality of the product and fraudulently concealed defects. Liability under the product liability law remains unaffected.
(3) If the seller's liability is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.

Cancellation and withdrawal
You have the right to withdraw from this contract within fourteen days without giving a specific reason. The withdrawal period shall be fourteen days from the date you or a third party representative appointed by you, other than the carrier, have taken possession of the goods. To exercise your right, you need to inform ambiorun UG, Lauterenstr. 37, 55116 Mainz, contact@ambiorun.com by means of a clear declaration, (eg, a message sent by post mail, fax or email) about your decision to withdraw from this contract. To do so, you may use any electronically post andy any other clear declaration via our website at www.ambiorun.com. If you make use of this possibility, we will confirm the receipt of your withdrawal immediately (e.g. via email).

About

Ambiorun is a wearable, digital coaching system for runners that improves your performance and prevents injuries. The Ambiorun pod is clipped on a shoe where it records and evaluates accurately the running style and proposes an optimal running technique.

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ambiorun UG
Lauterenstr. 37
55116 Mainz, Germany

contact[at]ambiorun.com
Support: (+49) 6131 / 32 722 80
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